Oct. 30, 2013

Activist Robert Davis holds a news conference in Detroit continuing his fight to get Mike Duggan's name off the ballot, saying it is still not legal, on Oct. 24, 2013. / Regina H. Boone/Detroit Free Press

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Detroit Free Press Lansing Bureau

Mike Duggan / Kimberly P. Mitchell/Detroit Free Press

Gov. Rick Snyder / Jarrad Henderson/Detroit Free Press

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LANSING — An Ingham County judge has scheduled a hearing Monday — one day before the election — as Highland Park activist Robert Davis seeks to question Detroit mayoral candidate Mike Duggan under oath about his role in the appointment of a Detroit emergency manager and learn the names of donors to Gov. Rick Snyder’s NERD Fund.

Davis sued the state, Snyder, the NERD Fund, Duggan and other defendants Wednesday in Ingham County, alleging state funds were unlawfully spent on office space and other support for former Snyder consultant Richard Baird, and on Michigan State Police security for Detroit emergency manager Kevyn Orr.

Late Wednesday, Ingham Judge James Jamo granted Davis’ emergency motion and set a Monday morning hearing for defendants to show why he should not order rushed production of evidence in the case, including the names of donors to Snyder’s nonprofit corporation, the New Energy to Reinvent and Diversify Fund.

The suit alleges Duggan conspired with state officials to appoint a Detroit emergency manager. Duggan, the former head of the Detroit Medical Center, faces Wayne County Sheriff Benny Napoleon in the election.

The suit says it is imperative that Duggan be questioned under oath before Tuesday “because the voters of the city of Detroit deserve to know his true involvement” in the emergency manager appointment.

Snyder spokeswoman Sara Wurfel said Davis’ lawsuits are “increasingly bizarre” and this one has no merit. Several contractors use state office space, Wurfel said. Melvin (Butch) Hollowell, Duggan’s legal adviser, said the lawsuit is frivolous and Duggan had no role in the selection of the emergency manager.

Davis, who is awaiting trial on federal charges he stole from Highland Park Schools as a board member, has filed numerous court actions related to the emergency manager law and the Detroit mayoral election.